Archive for the ‘Law’ Category

TMQ Watch: January 21, 2014.

Friday, January 24th, 2014

It is official. It is now impossible for us to care any less about the Super Bowl (or, as some are calling it, “The Pot Bowl”) than we do now.

But we still have this week’s TMQ to get through after the jump…

(more…)

Random notes: January 22, 2014.

Wednesday, January 22nd, 2014

You’re going down in flames, you tax-fattened hyena!

He is the walrus, goo goo a joub.

Is Gary Kasparov trying to buy the presidency of the World Chess Federation?

Two months earlier, Kasparov and Leong negotiated a deal in which Leong would help Kasparov’s presidential run in exchange for $500,000, according to a draft contract reviewed by The New York Times. Kasparov also agreed, after his election, to open a new federation office in Singapore, to be run by Leong, for which he would be paid an undisclosed amount.

“Leong” is Ignatius Leong, who lives in Singapore and is the current general secretary of the federation. He serves under the current president, Kirsan Ilyumzhinov, who is also running for re-election to the federation presidency. Kasparov’s spokespeople say that draft contract has been superseded. But if Kasparov is trying to buy the office, would that be a bad thing? In the last election

…Ilyumzhinov, who has been president of the federation since 1995, defeated Karpov, 95 to 55. Much of Ilyumzhinov’s support came from Asia and Africa, and many votes were cast by proxies.

(“Karpov” is Anatoly Karpov. You know, the former world champion and the Karpov who played Kasparov.)

And this is interesting:

Ilyumzhinov was, by any measure, a strange choice. He was a businessman who was born in Kalmykia, an impoverished Russian republic on the Caspian Sea, and amassed a fortune after the fall of the Soviet Union, though exactly how and how much are something of a mystery. He was largely unknown within the chess world, though he had been elected president of Kalmykia in 1993, at age 31. He stepped down from that presidency in 2010.

So he’s an ex-politician who went into chess?

Ilyumzhinov is well known for his eccentricities. He has said that he believes the game was invented by extraterrestrials, and he claims to have been abducted by aliens in yellow spacesuits on the night of Sept. 17, 1997. He built Chess City, a huge glass dome surrounded by a housing development, in Kalmykia’s obscure and inaccessible capital, Elista, and had the federation hold championship tournaments there.

Ilyumzhinov was also tight buddies with the late unlamented Muammar Qaddafi.

You’re going down in flames, you tax-fattened hyena! Part deux.

Los Angeles County Supervisor Mark Ridley-Thomas acknowledged Tuesday that a taxpayer-funded project to install a security system in a converted garage at his home involved improvements “over and above” that job, but said he reimbursed the county for the upgrades.
The Times had disclosed that county-paid crews worked at the supervisor’s Leimert Park home for a week and replaced the garage’s interior walls, installed electrical wiring and equipment, and put in appliances, including a wall-mounted air conditioner and heater and a television.

How the Statesman got scooped on the Wendy Davis story. (No paywall.)

You could hear the music on the AM radio…

Friday, January 17th, 2014

When was the last time you listened to the radio?

Actually, I still do, mostly when I’m driving around with Mom and Jeff Ward is on. If I’m alone in my own car, though, radio has become to me something like a buggy whip.

But there are some people who still need buggy whips, such as the Amish. And there are some people who still need radios. Like Federal prisoners.

The pocket analog radio, known by the bland model number SRF-39FP, is a Sony “ultralight” model manufactured for prisons. Its clear housing is meant to prevent inmates from using it to smuggle contraband, and, at under thirty dollars, it is the most affordable Sony radio on the prison market.

But what makes this New Yorker piece more interesting to me is…the SRF-39FP is actually a pretty good radio. It uses one AA battery, will run for 40 hours, and:

Others in the online DXing community argue that the SRF-39FP is superior to virtually every other pocket analog radio, praising it for its large tuning thumbwheel, over-all sensitivity and audio quality, and, above all, its reputed indestructibility. Electronics and radio collectors also marvel at features that are normally associated with professional equipment rather than consumer goods: in particular, an exceptional single-integrated-circuit receiver that insures reception in remote locations—or deep within heavy prison walls. In fact, the SRF-39FP was one of the first radios to use the breakthrough CXA1129N integrated-circuit chip, considered by DeBock to be the primary innovation among Sony pocket radios; it helped make the SRF-39FP the smallest and most sophisticated in a line of pocket radios that had launched two decades earlier, in the late nineteen-seventies.

I almost want to pick one up. (I checked; there aren’t any listed on eBay right now.)

(By way of the newsycombinator Twitter feed.)

Fundament, hindquarters, hind end, keister, posterior.

Tuesday, January 14th, 2014

Donavan Raynold Hunt, aka “Tanka 2”, is in custody.

Mr. Hunt was involved in an incident last November at a place called the “Quantum Lounge”. (The Statesman does not note if there are any cats in the Quantum Lounge, nor does it mention the living or dead status of said cats, nor does it give a position for said establishment. I think we can safely assume it has zero momentum.)

Anyway, Mr. Hunt was performing with his musical group, “Da Young Outlawz”, when they got into a dispute with some other folks.

The argument became so heated that the club’s management asked Hunt and his friends to leave, according to an affidavit, and both groups went outside and continued to argue. Around 1:40 a.m. on Nov. 8, a fight broke out and Hunt pulled a gun and started to shoot, according to the affidavit. One man was hit in the arm, side and foot, and a second man was hit in the butt.

“hit in the butt”? Are the Statesman writers and editors ten year olds? Couldn’t they have found a better word than “butt”? Perhaps “upper part of the thigh” as a homage to Robert B. Parker? “Posterior” isn’t a bad word, either. You say someone’s been “shot in the posterior” and everyone knows what you’re talking about.

But “in the butt”, Bob? Really?

Kelly Thomas.

Tuesday, January 14th, 2014

Since I’ve started thinking seriously (as a grown-up adult, not a child) about criminal justice issues, I’ve maintained certain positions.

One of those positions is that the verdict of a jury deserves a certain amount of deference. Yes, I may disagree with the verdict the jury returns. But: they were there in the courtroom. I was not. They watched all the testimony in person. I did not. They were able to see subtle cues of tone and inflection. I was not. At best, what I am basing my judgment on is what I read in the newspaper or saw on TV. These things are subject to conscious and unconscious bias, as well as errors and omissions. How can I question the verdict a jury returns without all the information they had access to? George Zimmerman or OJ Simpson, I’ve always thought the jury should be respected.

But I’m having trouble reconciling that with the acquittals of Manuel Ramos and Jay Cicinelli in the beating death of Kelly Thomas. (Previously. Also previously and graphic image warning.)

How does a jury return a verdict that says hitting a man in the face twenty times with a Taser is okay? How does a jury return a verdict that says telling a man “See these fists? They’re getting ready to [expletive] you up.” and then beating him until he can’t breathe and his blood is pooling on the sidewalk is not, at the very least, involuntary manslaughter? What evidence did they see that we did not?

And is it a compromise of my principles that I’m hoping the Justice Department indicts Ramos and Cicinelli?

Fiat justitia ruat caelum. But what is justice in this case?

You’re going down in flames, you tax-fattened hyena! watch (#7 in a series)

Monday, January 13th, 2014

In some haste, because I’m out and about. But: as previously announced, and as everyone expected, Robert “Ratso” Rizzo, former city manager of Bell, has pled guilty to “filing a false tax return and conspiring to file a false tax return”.

Rizzo, according to the charges, illegally claimed losses of $409,731 between 2006 and 2009 by falsely claiming his horse ranch outside Seattle as rental property. He also admitted in a plea agreement that he paid for more than $80,000 in personal expenses in 2009 and $120,000 in construction work on his Huntington Beach home in 2010 while claiming they were used for his horse ranch.

Also as expected, Rizzo has agreed to “cooperate with federal authorities”, which is generally being interpreted to mean he’s going to roll on his former subordinate, Angela Spaccia, once she’s actually charged. (Tax charges against her are expected, but have not been filed yet.)

Also as previously discussed, it is expected that Rizzo’s sentence (which could be “up to eight years in federal prison and a $500,000 fine on the tax case”, though I am not a lawyer and am not clear if that’s within the federal sentencing guidelines) will be served concurrently with the twelve years he’s already serving on the other corruption charges he’s pled to. I’d like to see him serve more time, but this is still better than a poke in the eye with a sharp stick.

Dunder Mifflin won’t save you.

Saturday, January 11th, 2014

The city of Scranton, Pennsylvania has a problem.

Faced with a $20-million deficit, Scranton had to do some tricky maneuvering to balance its budget and avoid defaulting on loans. Most of this maneuvering has involved increasing taxes and fees paid by the people who still live in the town, which has seen its population drop by half since the 1930s.

How much?

In its 2014 budget, the city raised property taxes and trash fees nearly 60% and tripled rental registration fees. The city’s school district, which faced a $4-million deficit, raised taxes 2.4%.

The city already has a 5% tax on “live entertainment”, is discussing a 10% “drink tax”, and has jacked up parking rates. That’s going to help a lot:

The taxes are especially egregious to some because so many of the city’s residents are elderly and living on fixed incomes. The median household income in Scranton is $37,000, and nearly one-fifth of residents live below the poverty line.

I imagine a lot of those folks are going downtown and drinking in the downtown bars. Both of them. There’s only two left: all the others have gone out of business.

The city’s financial problems were accelerated by a 2011 Pennsylvania Supreme Court decision that found that the city owed its police and firefighters unions back pay — about $21 million. The settlement money became due in 2013, but the city bickered over how to come up with the funds for so long that Moody’s warned in November that Scranton faced the threat of default.

How bad is it? Many of the city residents quoted in the LAT would welcome a municipal bankruptcy.

“We’re watching what Detroit is doing, and just figure, with all the money we owe the police and all them, we’re going to be broke for the next 20 years, so why not file for bankruptcy?” said Walter David, a lifelong Scranton resident.

Why not indeed?

Juggalo law.

Wednesday, January 8th, 2014

The Michigan rap group Insane Clown Posse filed suit on Wednesday against the Justice Department and the Federal Bureau of Investigation, saying that the United States government had made the “unwarranted and unlawful decision” to classify fans of the band as criminal gang members, leading to their harassment by law enforcement and causing them “significant harm.”

This by way of a rather cryptic tweet from Popehat:

(Sorry, Mom.)

Not being a lawyer, I’m not sure what Popehat is referring to here as far as the Federal Rules of Civil Procedure, though I’m hoping it wasn’t just a play on ICP’s most famous quote and we’ll get a fuller explanation later. As a guess, I want to say that Violent J and Shaggy 2 Dope may not have standing to sue, as it isn’t clear to me that they have actually been damaged directly by the government’s actions.

Random notes: January 8, 2014.

Wednesday, January 8th, 2014

Jeff Ireland out as general manager in Miami, on the heels of the Mike Sherman firing. This is being spun as “by mutual agreement”:

A club source said Ireland was going to lose much, if not all, of his decision-making power. Owner Stephen Ross intended to hire an executive with personnel authority over Ireland, a situation that was not acceptable to Ireland.

106 individuals charged in a massive, multi-decade long Social Security disability fraud scheme. Included in the indictments are 72 former NYC police officers and eight former NYC firefighters.

More to come. I’m getting a slow start this morning, but I do plan a gun show post as soon as I’m able to get one up. Assuming Lawrence doesn’t beat me to it.

Banana republicans watch: January 7, 2014.

Tuesday, January 7th, 2014

This story started breaking this morning, but I wanted to wait for the official word before posting anything.

Los Angeles County Sheriff Lee Baca has decided to drop his re-election bid, and is retiring as sheriff at the end of January.

Sheriff Baca and his department have been a frequent subject of coverage here, most recently as the result of 18 of his deputies being indicted on federal charges. But that’s just part of the story; Baca’s department has a long history of issues, including deputies beating the crap out of each other at the Christmas party, questionable hiring decisions, and questionable tactics. Browse the “California Uber Alles” category for more.

I have the feeling that this is another one of those “pass the popcorn” moments, and I look forward to finding out what happens next.

Legal update part 2.

Friday, January 3rd, 2014

Gerhard Becker has pled guilty to involuntary manslaughter and been sentenced to serve one year in jail. With time served and time off for good behavior, it seems likely he will go free in six months.

I’ve written about this case previously. For those who don’t recall: Becker was an architect who remodeled a home in Hollywood Hills. After the final inspection, and after having lied to the inspectors, Becker installed fire pits designed for outdoor use inside the home. The home eventually caught fire, and Glenn Allen, a firefighter with the LA Fire Department, was fatally injured while fighting the fire. Allen’s death resulted in the charge against Becker.

Legal update part 1.

Friday, January 3rd, 2014

The lawsuit by Alexander Calder’s heirs against his former dealer has been dismissed.

In a decision dated Dec. 23, Judge Shirley Werner Kornreich wrote that “all of these allegations are so patently inadequate that the court can only conclude that they were brought solely for the purposes of harassment or embarrassment, without any consideration of their legal sufficiency.”
The judge also invoked the statute of limitations, writing that the plaintiffs were trying to litigate issues that stretched back “decades without any personal knowledge or contemporaneous records, where nearly all of the people who had personal knowledge of the facts are dead.”

(Previously.)

(I expect to have a second legal update later today; I’m just waiting on events.)

Random notes: January 3, 2014.

Friday, January 3rd, 2014

WE’RE ALL GOING TO DIE!*

(* Offer not valid outside of New York City.)

I’m not sure I understand the point of this article. Ostensibly, it is about the supposed economic impact on the neighborhood businesses of “Spider-Man: Turn Off the Dark” closing.

But even a full house at the 1,930-seat Foxwoods, the biggest Broadway theater, is just a drop in the bucket of the roughly 400,000 people moving through Times Square daily at this time of year.
And it can be hard to determine just where audience members for “Spider-Man” — some 89 percent of whom are from out of town, according to the show’s most recent research — have been spending their dollars, though some businesses popular with tourists seeking a classic Broadway experience say the show’s absence will be felt.

So it doesn’t seem like the NYT has any way to quantify the impact, just a bunch of anecdotes from businesses in the neighborhood. Some of them expect reduced business, others say they expect people (especially actors) to keep showing up. Is there a point?

Strippers. Always with the strippers.

The new agreement freed the 16 clubs involved in the lawsuits from abiding by the 1997 law and required the owners to contribute $1 million annually to a unit in the Houston Police Department devoted to fighting human trafficking. But a number of religious leaders and advocates for sex-trafficking victims have opposed the deal. They said it sent the wrong message about Houston’s tolerance for such entertainment, and allowed the 16 clubs to buy their way out of complying with the law. The Houston Area Pastor Council is considering suing the city over the agreement.

Is that $1 million from each club, or $1 million total? And is it just me, or is there something odd about private businesses giving money to the police department to enforce the law?

Random notes: December 28, 2013.

Saturday, December 28th, 2013

Desert Hot Springs, California is in trouble.

Turn north, and you make your way up an arid stretch of road to a battered city where empty storefronts outnumber shops, the Fire Department has been closed, City Hall is on a four-day week and the dwindling coffers may be empty by spring.

Why? I’ll give you one guess.

Here, under the budget enacted last spring, about $7 million of the city’s $10.6 million annual payroll went to the 39-member police force. The situation was so dire that an audit, compiled weeks before municipal elections in November but not made public until later, showed that Desert Hot Springs was $4 million short for the year and would run out of money as early as April 2014.

Last week, the city cut all municipal salaries, including those of the police, by 22 percent. The city also capped “incentive pay” and cut back on holiday and vacation days. Naturally, the police officer’s association is stating these cuts are illegal.

Police officers here, as in many California cities, can retire as young as 50 with 30 years of service and receive 90 percent of their final salary every year — drawing those pensions for decades. Police unions say the fault lies with state and local politicians who failed to adequately fund the pension system over the years, and inflated benefits during boom years. Others wonder whether such salaries and pensions were ever affordable, particularly in cities as small and struggling as this. In Desert Hot Springs, for example, for every dollar that the city pays its police officers, another 36 cents must be sent to Calpers to fund their pensions.

Desert Hot Springs has a current population of around 27,000.

The average pay and benefits package for a police officer here had been worth $177,203 per year, in a city where the median household income was $31,356 in 2011, according to the Census Bureau. All of this had gone largely unnoticed until becoming the center of debate during the recent municipal election.

Oh, and by the way: Desert Hot Springs filed for bankruptcy in 2001, and is still making payments on a $10 million civil judgment against the city.

But, you know, the police aren’t the only people who get large salaries.

An examination of tax records, contracts and other documents by The New York Times found that hefty stagehand salaries at many New York nonprofit performance institutions are more widespread than was previously known.

You don’t say.

At nine top such institutions that have contracts with Local 1, stagehands make up 36 of the 98 most highly compensated employees, or about 37 percent. The average annual total salary and benefits of those highest-paid stagehands, at places from the Metropolitan Opera to the Roundabout Theater Company, is nearly $310,000, according to the nonprofits’ most recent tax filings.

That’s good money. I wonder when they can put in for retirement.

Backstage workers can earn more than the onstage talent. Five stagehands at the David H. Koch Theater at Lincoln Center were each paid more in total compensation in 2011 than the highest-paid dancer at New York City Ballet, filings showed. And, in 2010, “Spider-Man: Turn Off the Dark” paid its stagehands a total of $138,000 a week, while the principals and members of the ensemble earned slightly less than $100,000 put together, according to documents submitted to the state attorney general’s office.

The paper of record seems to want readers to be shocked and appalled at how much stagehands are paid. Personally, I’m glad to hear that they’re making big money; I think they have every right to negotiate lucrative contracts with their employers, and I don’t see any reason to be indignant that “the four top stagehands at the Metropolitan Opera earned more than $500,000 each in total compensation (including retirement and other benefits), tax filings showed.

Holmes for the Holidays.

Friday, December 27th, 2013

Here’s a nice little Christmas present – slightly late, but who cares? (I celebrate Christmas through January 6th, anyway.)

A federal judge has issued a declarative judgment stating that Holmes, Watson, 221B Baker Street, the dastardly Professor Moriarty and other elements included in the 50 Holmes works Arthur Conan Doyle published before Jan. 1, 1923, are no longer covered by United States copyright law and can be freely used by creators without paying any licensing fee to the Conan Doyle estate.

(Previously on WCD.)